The Curious, Perjurious Requirements of Illinois Supreme Court Rule 12(b)(3)

The purpose of this paper is to examine the requirements of filing notices of appeal and the proof-of-service requirements of Illinois Supreme Court Rule 12(b)(3). Illinois Supreme Court Rule 12(b)(3) has what can only be called “curious, perjurious requirements.” They are curious because, in conjunction with Rule 373, they require an affiant to state under penalty of perjury that he or she has personal knowledge of events that have not yet occurred. They are perjurious because they require the affiant to state under penalty of perjury they already performed an act when in fact they did not and could not. In order to understand the perjurious requirements of Rule 12(b)(3) several factors must first be considered separately: the Rule itself, the nature of affidavits, and the statutory definition of perjury. When combined, it is clear that the Rule is tantamount to requiring an affiant to commit perjury

A Survey of Illinois Code of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015)

The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2-619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavit

The SEC\u27s Ultra Vires Recognition of the FASB as a Standard Setting Body

The Sarbanes-Oxley Act of 2002 conferred upon the Securities and Ex- change Commission (“SEC”) the authority to recognize as “‘generally accepted’ for purposes of the securities laws, any accounting principles established by a standard setting body” provided that the standard setting body met certain conditions. Two weeks after the Sarbanes-Oxley Act was signed into law in July, 2002 the Financial Accounting Standards Board (“FASB”) and its parent organization, the Financial Accounting Foundation, submitted a letter to the SEC declaring that it met the conditions set forth in the Sarbanes-Oxley Act. Eight months later, in April, 2003 the SEC issued a policy statement that the FASB did in fact meet the Sarbanes-Oxley criteria

The SEC\u27s Ultra Vires Recognition of the FASB as a Standard Setting Body

The Sarbanes-Oxley Act of 2002 conferred upon the Securities and Ex- change Commission (“SEC”) the authority to recognize as “‘generally accepted’ for purposes of the securities laws, any accounting principles established by a standard setting body” provided that the standard setting body met certain conditions. Two weeks after the Sarbanes-Oxley Act was signed into law in July, 2002 the Financial Accounting Standards Board (“FASB”) and its parent organization, the Financial Accounting Foundation, submitted a letter to the SEC declaring that it met the conditions set forth in the Sarbanes-Oxley Act. Eight months later, in April, 2003 the SEC issued a policy statement that the FASB did in fact meet the Sarbanes-Oxley criteria

The Myth of Protecting the Public Interest: The Case of the Missing Mandate in Federal Securities Law

Article published in the Michigan State Journal of Business and Securities Law

The Myth of Protecting the Public Interest: The Case of the Missing Mandate in Federal Securities Law

Article published in the Michigan State Journal of Business and Securities Law

The 13th Data Release of the Sloan Digital Sky Survey: First Spectroscopic Data from the SDSS-IV Survey Mapping Nearby Galaxies at Apache Point Observatory

The fourth generation of the Sloan Digital Sky Survey (SDSS-IV) began observations in July 2014. It pursues three core programs: APOGEE-2,MaNGA, and eBOSS. In addition, eBOSS contains two major subprograms: TDSS and SPIDERS. This paper describes the first data release from SDSS-IV, Data Release 13 (DR13), which contains new data, reanalysis of existing data sets and, like all SDSS data releases, is inclusive of previously released data. DR13 makes publicly available 1390 spatially resolved integral field unit observations of nearby galaxies from MaNGA,the first data released from this survey. It includes new observations from eBOSS, completing SEQUELS. In addition to targeting galaxies and quasars, SEQUELS also targeted variability-selected objects from TDSS and X-ray selected objects from SPIDERS. DR13 includes new reductions ofthe SDSS-III BOSS data, improving the spectrophotometric calibration and redshift classification. DR13 releases new reductions of the APOGEE-1data from SDSS-III, with abundances of elements not previously included and improved stellar parameters for dwarf stars and cooler stars. For the SDSS imaging data, DR13 provides new, more robust and precise photometric calibrations. Several value-added catalogs are being released in tandem with DR13, in particular target catalogs relevant for eBOSS, TDSS, and SPIDERS, and an updated red-clump catalog for APOGEE.This paper describes the location and format of the data now publicly available, as well as providing references to the important technical papers that describe the targeting, observing, and data reduction. The SDSS website, http://www.sdss.org, provides links to the data, tutorials and examples of data access, and extensive documentation of the reduction and analysis procedures. DR13 is the first of a scheduled set that will contain new data and analyses from the planned ~6-year operations of SDSS-IV.PostprintPeer reviewe